Swarthmore settles suit over handicapped COVID clients
Swarthmore Borough and the non-profit Children and Adult Disability and Education Services have settled an injunction filed by the borough last week after CADES reported moving three COVID-19 positive clients to its facility at 401 Rutgers Ave.
“The Borough Council, mayor and CADES are pleased to announce that all parties have resolved their dispute,” according to a joint statement issued Monday. “CADES will continue to use the Rutgers Avenue facility as a quarantine location for the individuals under its care during the pandemic. The parties agree that CADES has implemented responsible safety protocols which will remain in place to minimize any risks to CADES residents and employees, as well as borough first responders and residents.”
A spokesperson indicated CADES would not be commenting further at this time, but did confirm there are currently five clients at the Rutgers Avenue facility.
CADES Quality Assurance Director Cathy Shappell notified the borough by letter April 12 that it had moved three people to the former elementary school on Rutgers Avenue in order to allow for space, as well as kitchen and laundry services. A clinical director/nurse and administrator would be on site at all times, according to the letter.
The letter notes that CADES cares for a population that is at high risk if exposed to coronavirus and had been relocating some of its clients around its 34 homes across the region to allow for better distancing practices. The letter also noted CADES had seven homes that are sheltering in place with more to be transitioned.
Swarthmore filed its complaint in the Delaware County Court of Common Pleas two days later seeking an injunction against CADES, arguing the school was not zoned for use as a “medical and residential facility.”
The complaint indicated that further discussion with CADES staff revealed that the non-profit intends to use the facility for 20 to
“CADES will continue to use the Rutgers Avenue facility as a quarantine location for the individuals under its care during the pandemic. The parties agree that CADES has implemented responsible safety protocols which will remain in place to minimize any risks to CADES residents and employees, as well as borough first responders and residents.”
— Joint statement issued by Swarthmore Borough and the non-profit Children and Adult Disability and Education
50 clients impacted by the novel coronavirus. Swarthmore contended the injunction was necessary to regulate use of the property in a manner that prevents the spread of COVID-19 cases and to prevent “immediate and irreparable harm.”
Swarthmore Solicitor Robert Scott said Monday that details of the agreedupon safety protocols had been memorialized in a proposed settlement stipulation and consent order, but he was not able to share that information until the order is approved by a county judge and becomes a public document.
“Bottom line is they’re going to continue to operate,” said Scott. “We agreed to a bunch of safety protocols to keep the residents, their employees and first responders safe, so we’re all on the same page moving forward.”